BIRANCHI NARAYAN MEHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since both the Writ Petitions involve common questions, they were heard together and are being disposed of by this common Judgment.

(2.) IN both the Writ Petitions, the Petitioners who are Special Class Contractors have challenged the Tender Call Notice published by the Superintending Engineer, Upper Indrabati Right Canal Circle, Kalahandi bearing Identification No. SE RCC, UIIP -01/2009 -2010 (01 -05) for execution of 5 numbers of works on the ground that the same violates the provision of the Orissa Public Works Dept. Code (in short, OPWD Code), direction of the State Govt. and the principle of natural justice.

(3.) WHILE the matter stood thus, Opp. Parties published a Tender Call Notice bearing identification No.SE RCC, UIIP -01/2009 -2010 (01 -05) for execution of five numbers of works. In the said notice, vide Annexure -4, it was indicated that the bid should be submitted by the eligible class of contractors as mentioned in Column 4 of the Table given there under on -line in the Government Website www.tendersorissa.gov.in. The bidders willing to participate in the tender should have necessary portal enrolment with own digital signature certificate. The registered bidders outside of Odisha can also participate in the on -line tender process after necessary portal enrolment but shall have to subsequently undergo registration with the Odisha PWD before signing of the Agreement. Out of the 5 items of work, cost of item Nos. 1 to 3 are more than Rs. 2 crores each and item Nos. 5 and 6 are more than Rs. 1 crore each. In the technical bid, one of the terms to qualify for the contract is: Qualifying amount in respect of annual turnover to be filled up in Table -I. Year wise. To qualify for award of the contract, each bidder in its name should have in the last five year (from 2004 -05 to 2008 -09) achieved minimum annual turnover (in all classes of civil engineering construction work only) of Rs. 2.19 Crore at 2009 -10 price level. A weightage factor @ 10% per year for each of the five preceding financial year i.e. from 2004 -05 to 2008 -09 is indicated in the table. This factor is to be multiplied to the annual turnover of respective year to bring the same to the level of 2009 -10.